BLL Evidence Flashcards
who can initiate character evidence of a criminal D?
only D, never state
how can a criminal D intiatate caracter evid?
reputation of a pertinent trait (ex: truthfulness does not matter in a robbery case, but peacefulness does) OR opinion concerning a pertinent trait
No specific acts
how can state cross a criminal D’s character witness?
Have you heard (opinion) or did you know (reputation) type Qs
is character evidence admissible at all in civil cases?
generally no
when is character evidence admissible in a civil case?
when character is an essential element of a claim or defense
when is character an essential element?
-defamation where truth is a defense
-negligent hiring or entrustment cases
-child custody cases
when character is at issue, how can it be proven?
rep, opinion, or specific acts
when is character evid. not offered for propensity purposes?
MIMIC
Motive
Intent
Mistake (lack of)
Identity
Common plan or scheme (MO)
when is a prior inconsistent statement used for impeachment purposes allowed as substantive evidence?
if previously made under oath
when can extrinsic evidence of a prior inconsistent statement be admitted?
- witness given opp to explain or deny PIS AND
adverse party given opp to examine witness about PIS
when impeaching based on bias or interest, is extrinsic evidence allowed?
yes, but only after witness is first asked about bias or interest on cross
is extrinsic evidence allowed for impeaching based on sensory deficiencies?
yes - no foundation reqs
is extrinsic evidence allowed to impeach by contradictory facts?
yes, unless it is collateral
what is the rule regarding impeachment by a crime involving dishonesty or false statement?
allowed (no court discretion)
what are crimes involving dishonesty or false statements?
perjury, fraud, embezzlement, false pretenses
what are the rules regarding impeachment by crimes not involving dishonesty or false statements?
court has discretion
if criminal D being impeached - state must show probative value outweighs prejudice
any other witness being impeached - standard 403 test
what will keep a conviction out for impeachment purposes?
if conviction is more than 10 years old.
is extrinsic evidence allowed to show prior convictions for impeachment?
yes - no foundation reqs
how is impeachment by bad acts involving untruthfulness done?
can only ask questions - have to accept the witness’s answer. cannot use extrinsic evidence
are arrests bad acts for purposes of impeachment?
no
